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2015 Supreme(All) 317

YASHWANT VARMA
MAHADEV SINGH – Appellant
Versus
UP-ZILADHIKARI/PRESCRIBED AUTHORITY – Respondent


Advocates:
Counsel :
C.M. Yadav for the Petitioners; C.S.C., Ashish Kumar Singh and Ramji Singh Patel for the Respondents.

JUDGMENT

Hon’ble Yashwant Varma, J.—This petition (one of the many which come before this Court and crowd its otherwise overburdened roster) lays challenge to an order dated 2.12.2014 in terms of which the Sub Divisional Magistrate, Chunar, District Mirzapur has finalized the electoral college of 15 members to be utilized for holding the elections of the Committee of Management of the Society in question.

2. From the facts brought on record and in respect of which there is no dispute it is apparent that the last elections of the Society are said to have been held in the year 1986. Three rival claims were set up in the course of the elections and ultimately, the dispute itself was decided on 17.10.1988. This fact has been duly noticed by the Court while deciding Writ Petition No. 10747 of 2012 by its judgement and order dated 26.3.2012. This Court noticed that after 1980, no elections whatsoever had been held and accordingly proceeded to direct the Sub Divisional Magistrate of the area to take further steps in accordance with the provisions of Section 25 (2) of the Societies Registration Act 1860. This judgement required the Sub Divisional Magistrate to determine the electoral colleg




























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